December 19, 2019 - Issue: Vol. 165, No. 206 — Daily Edition116th Congress (2019 - 2020) - 1st Session

[Pages S7233-S7234]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                     DOGS AS WITNESS GUARDIANS ACT

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
Committee on the Judiciary be discharged from further consideration of 
S. 1029 and the Senate proceed to its immediate consideration.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1029) to allow the use of certified facility 
     dogs in criminal proceedings in Federal courts, and for other 
     purposes.

  There being no objection, the committee was discharged, and the 
Senate proceeded to consider the bill.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Cornyn 
amendment at the desk be agreed to; that the bill, as amended, be 
considered read a third time and passed; and that the motion to 
reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 1274), in the nature of a substitute, was agreed 
to as follows:

                (Purpose: In the nature of a substitute)

        Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Courthouse Dogs Act''.

     SEC. 2. USE OF CERTIFIED FACILITY DOG FOR TESTIMONY IN 
                   CRIMINAL PROCEEDINGS.

       (a) In General.--Chapter 223 of title 18, United States 
     Code, is amended by inserting after section 3502 the 
     following:

     ``Sec. 3503. Use of certified facility dog for testimony in 
       criminal proceedings

       ``(a) Defined Term.--In this section, the term `certified 
     facility dog' means a dog that has graduated from an 
     assistance dog organization that is a member of an 
     internationally recognized assistance dog association that 
     has a primary purpose of granting accreditation based on 
     standards of excellence in areas of--
       ``(1) assistance dog acquisition;
       ``(2) dog training;
       ``(3) dog handler training; and
       ``(4) dog placement.
       ``(b) Requests for Use of Certified Facility Dogs.--Either 
     party in a criminal proceeding in a Federal court may apply 
     for an order from the court to allow a certified facility 
     dog, if available, to be present with a witness testifying 
     before the court through--
       ``(1) in-person testimony; or
       ``(2) testimony televised by 2-way, closed-circuit 
     television.
       ``(c) Conditions for Approval.--A Federal court may enter 
     an order authorizing an available certified facility dog to 
     accompany a witness while testifying at a hearing in 
     accordance with subsection (b) if the court finds that--
       ``(1) the dog to be used qualifies as a certified facility 
     dog;
       ``(2) the use of a certified facility dog will aid the 
     witness in providing testimony; and
       ``(3) upon a showing by the party seeking an order under 
     subsection (b), the certified facility dog is insured for 
     liability protection.
       ``(d) Handlers.--Each certified facility dog authorized to 
     accompany a witness under subsection (c) shall be accompanied 
     by a handler who is--
       ``(1) trained to manage the certified facility dog by an 
     assistance dog organization described in subsection (a); and
       ``(2) a professional working in the legal system with 
     knowledge about the legal and criminal justice processes.
       ``(e) Deadline.--The party seeking an order under 
     subsection (b) shall apply for such order not later than 14 
     days before the preliminary hearing, trial date, or other 
     hearing to which the order is to apply.
       ``(f) Other Orders.--A Federal court may make such orders 
     as may be necessary to preserve the fairness of the 
     proceeding, including imposing restrictions on, and 
     instructing the jury regarding, the presence of the certified 
     facility dog during the proceedings.
       ``(g) Savings Provision.--Nothing in this section may be 
     construed to prevent a Federal court from providing any other 
     accommodations to a witness in accordance with applicable 
     law.''.
       (b) Clerical Amendment.--The chapter analysis for chapter 
     223 of title 18, United States Code, is amended by inserting 
     after the item relating to section 3502 the following:

``3503. Use of certified facility dog for testimony in criminal 
              proceedings.''.
  The bill (S. 1029), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed, as follows:

                                S. 1029

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Courthouse Dogs Act''.

     SEC. 2. USE OF CERTIFIED FACILITY DOG FOR TESTIMONY IN 
                   CRIMINAL PROCEEDINGS.

       (a) In General.--Chapter 223 of title 18, United States 
     Code, is amended by inserting after section 3502 the 
     following:

     ``Sec. 3503. Use of certified facility dog for testimony in 
       criminal proceedings

       ``(a) Defined Term.--In this section, the term `certified 
     facility dog' means a dog that has graduated from an 
     assistance dog organization that is a member of an 
     internationally recognized assistance dog association that 
     has a primary purpose of granting accreditation based on 
     standards of excellence in areas of--
       ``(1) assistance dog acquisition;
       ``(2) dog training;
       ``(3) dog handler training; and
       ``(4) dog placement.
       ``(b) Requests for Use of Certified Facility Dogs.--Either 
     party in a criminal proceeding in a Federal court may apply 
     for an order from the court to allow a certified facility 
     dog, if available, to be present with a witness testifying 
     before the court through--
       ``(1) in-person testimony; or
       ``(2) testimony televised by 2-way, closed-circuit 
     television.
       ``(c) Conditions for Approval.--A Federal court may enter 
     an order authorizing an available certified facility dog to 
     accompany a witness while testifying at a hearing in 
     accordance with subsection (b) if the court finds that--
       ``(1) the dog to be used qualifies as a certified facility 
     dog;
       ``(2) the use of a certified facility dog will aid the 
     witness in providing testimony; and
       ``(3) upon a showing by the party seeking an order under 
     subsection (b), the certified facility dog is insured for 
     liability protection.
       ``(d) Handlers.--Each certified facility dog authorized to 
     accompany a witness under subsection (c) shall be accompanied 
     by a handler who is--
       ``(1) trained to manage the certified facility dog by an 
     assistance dog organization described in subsection (a); and
       ``(2) a professional working in the legal system with 
     knowledge about the legal and criminal justice processes.
       ``(e) Deadline.--The party seeking an order under 
     subsection (b) shall apply for such order not later than 14 
     days before the preliminary hearing, trial date, or other 
     hearing to which the order is to apply.
       ``(f) Other Orders.--A Federal court may make such orders 
     as may be necessary to preserve the fairness of the 
     proceeding, including imposing restrictions on, and 
     instructing the jury regarding, the presence of the certified 
     facility dog during the proceedings.
       ``(g) Savings Provision.--Nothing in this section may be 
     construed to prevent a Federal court from providing any other 
     accommodations to a witness in accordance with applicable 
     law.''.
       (b) Clerical Amendment.--The chapter analysis for chapter 
     223 of title 18, United

[[Page S7234]]

     States Code, is amended by inserting after the item relating 
     to section 3502 the following:

``3503. Use of certified facility dog for testimony in criminal 
              proceedings.''.

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